HomeMy WebLinkAboutVA198900004 Application 1989-01-23 A 4r
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��.�� LB� FILE NUMBER
APPLICATION FOR: �� j11I1[( � 0/3:40(check n ) O �� �,
VARIANCE �, .� �� DATE SUBMITTED
❑ SPECIAL USE PERMIT '�C` . 6 0� f�`_-;;-1 l
❑ REZONING iv '� Q' FEE PAID (see reverse)
❑ ZONING TEXT AMENDMENT ji�l
❑ M• OBILE HOME DATE OF PRELIM CONF.
❑ H• OME OCCUPATION 6 '
❑ A• CCESSORY TOURIST LODGING STAFF AT RELIM. CONF.
OWNER (as(nurrently 1 sted in Real s e)
Name 1\,c1.10,e.rT 'L) ( AO 41 l /T C1n (�J v'�e Phone ) - //,2
y //
Address D I 140 O Uh e 3 ( r et P l cx c n.,),r ; F V 1 71-34Y!
4, 0 Co Ku55 . -/f films � -cii- ,` ig . C) I P-P-3o I
APPLICA ( different, from owner' Name (i(WI Lc.) r rvn 'al •e it Phone (—�qJ 1.1/p�o
&--3(e),,45C
Address I k 60 p (c.z- ( ) a l . 6 3
CONTACT PERSON (if different from above)
Name
Phone ( )
—
Address LOCATION: 1 n I a ,. l cal t C R T ? 10 i (5 55a/c_8r)
TAX MAP/PARCEL NUMBERS (use reverse if needed) - 7 Z_ CG f`{�/
�
1. _ _ _ - 31 - - 3. -
2. _ _ _ _ _ -• - 4. - - -
EXISTING ZONING n / PROFFERED? Yes No _ Acreage if different .<_, ,lj 0
DESIRED ZONING PROFFERED? Yes ^No Acreage if different
(3J�-Y 3Ae)
EXISTING USE 0 cC.Cl a,it
PROPOSED USE (1o1) v,1 f ,5' Tn1' C r) Ay�I 'S `1-ov' ,
ORDINANCE SECTION(S). /6 . Li i y
DESCRIPTION OF REQUEST: )b ' `e(3 ??
JUSTIFICATION FOR REQUEST:
(, ,e - (k?' - .5-7 )
(ifs -_ 15--.- 4 t
• The foregoing information is complete and correct to the best of my
knowledge. I have read and understand the provisions of the Albemarle County
Zoning Ordinance ap icable to this application.
• Signed 1 7 !�G .,a' �`' Date / A 3 , 198 .
(Owner, Contract Purchaser, Agent)
c . i
J VA-89-4. Robert Blachly (owner) , property known as tax map 8 ,
parcels 31 & 32, located on the north side of Route 810, +/- . 5
miles west of its intersection with Route 664 , zoned RA. The
applicant seeks a variance from Section 31. 2 .4 .4 of the Albemarle 1
County Zoning Ordinance to increase the time period for the
commencement of the use specified in an approved special use
permit from eighteen (18) months to forty-three (43) months.
0 Board of Zoning Appeals Date: -' /1`1 /`'S Action: tli-- ,yyjiliV 14
! ? O
-3Alexandria - L r.nciarkFair30 Address: 5140 Duke Str l:r_
(703) 359-1500
FOgrER9 MD/DC Division Alexandria, _rcrinia 2230'
9094 Baltimore Blvd. Phone#: (703) 823-380 )
REALTORS� College Park, Maryland 20740
(301)441-8101 •
VIRGINIA
SALES CONTRACT
This Agreement of Sale made this 28th of October , is "
between Thomas Wim mer _(PURCHASER)
and.__._ R®locr-t• Blackly anti Kstr_t I3€anschPn (SELLER)
through Lonq and roster and , AGENTS FOR SELLER.
WITNESSETH:
I. DEPOSIT.That for and in consideration of the sum of Tilc-+vten f3undred Dollars
($ _.1 ,2)0_)in the form of(CASH $ A )(CHECK$J..100 )(NOTE$ __which is due and payable on the 't-r1 day of
C) : 1a.r�(MO.), a, '.:.`r) (Year)), receipt of which is hereby acknowledged by AGENT,the PURCHASER agrees to buy and the SELLER agrees to sell all
that certain piece, parcel or lot of land with all improvements thereon, described as follows:
2. PROPERTY DESCRIPTION. Street Address:
'.egoe Description: Lot 31 r?2 , Block , Section ' , Subdivision
Una_ Parking Spac Number , County A I )4 marl Virginia, Zip Code
3. CHATTELS AND/OR EQUISMENT.Included in the sale price,existing built-in heating plants,existing air conditioning system(s),plumbing and lighting fixtures,
0 existing structures and neat pump
4. PRICE AND FINANCING.
$ 83,200 TOTAL PURCHASE PRICE: of which:
$_ shall be paid in cash, certified or cashiers check at settlement, the above deposit to be a part thereof;
$ _ approximately,shall be paid by proceeds of a First Deed of Trust loan. PURCHASER is to(Place)(Assume)A(Fixed Rate)
(Adjustable Rate Every Years)(Conventional)(F.H.A.)(V.A.)(V.H.D.A.)FIRST DEED OF TRUST LOAN BEARING
INTEREST AT THE(Fixed)(Initial Adj.)RATE OF %PER ANNUM,OR THE PREVAILING RATE AT THE TIME OF
SETTLEMENT.IN THE CASE OF VA FINANCING,PURCHASER AGREES TO PAY THE MAXIMUM PERMISSABLE INTEREST
RATE AT SETTLEMENT.LOAN TO BE REPAYABLE$___ PER MONTH,APPROXIMATELY,INCLUDING
PRINCIPAL AND INTEREST(Taxes,Hazard Ins.,PMI or monthly FHA Ins.,if any,to be additional).WITH FHA/VA FINANCING,
AND WHEN PERMITTED,PAYMENT OF THE TOTAL FHA INSURANCE PREMIUM OR VA FUNDING FEE OF APPROXI-
MATELY$ _._.IS TO BE FINANCED BY THE PURCHASER AND ADDED TO THE LOAN AMOUNT.
approximately, shall be paid for the balance of the Deferred Purchase Money, by proceeds of a
. DEED OF TRUST bearing interest at the rate of % per annurn, payable at
per month, approximately, said payment to be applied first to interest, with remainder applied to
principal, and due and payable in full years after settlement date hereof. If subject property is transferred, sold
or conveyed,or any interest therein is transferred,sold or conveyed,this note and deed of trust shall be due and payable
in full unless the transfer,sale or conveyance is consented to in writing by the current noteholder.This note may be paid in
full or in part at any time without penalty. A late payment fee of _._will be charged for any payment not
received by the noteholder within_ days of the due date. Default on the first trust shall operate as a default on
second trust(or lower trusts).FOR A COMMERCIAL TRUST,THE PURCHASER AGREES TO EXECUTE ALL DOCUMENTS
REQUIRED BY LENDER FOR DISBURSEMENT OF SUCH LOAN, INCLUDING NOTE AND TRUST,AT LEAST FOUR(4)
BUSINESS DAYS PRIOR TO SETTLEMENT DATE OF THIS CONTRACT.FOR AN OWNER HELD TRUST,PURCHASER SHALL
FURNISH A CREDIT REPORT AND FINANCIAL STATEMENT TO THE SELLER BY MIDNIGHT,._
AND PROMPTLY COMPLY WITH ADDITIONAL REASONABLE REQUESTS OF SELLER.SELLER SHALL HAVE FORTY-
EIGHT(48)HOURS AFTER DELIVERY OF THE PURCHASER'S FINANCIAL DATA TO EITHER APPROVE OR REJECT THE
CREDIT OR REQUEST ADDITIONAL INFORMATION REGARDING PURCHASER'S CREDITWORTHINESS.IN THE EVENT
SELLER HAS NOT ACCEPTED PURCHASER'S CREDIT IN WRITING WITHIN FORTY EIGHT(48)HOURS OF THE LAST
REQUEST FOR INFORMATION,THIS CONTRACT SHALL BE NULL AND VOID AND THE DEPOSIT RETURNED TO THE
PURCHASER UPON EXECUTION OF APPROPRIATE RELEASE DOCUMENTS.
$ _..__ Other financing: See ADDENDUM.
LOAN FEES: BASED ON THE FINANCING TERMS SPECIFIED HEREIN, AND UNLESS OTHERWISE AGREED TO IN
WRITING, SELLER IS TO PAY POINTS AS CHARGED BY LENDER, UP TO BUT NOT TO EXCEED %
OF THE AMOUNT OF NEW FINANCING BEING PLACED. PURCHASER IS TO PAY_ _% LOAN ORIGINATION
FEE/POINTS, INITIAL P.M.I. INSURANCE(IF ANY), VA FUNDING FEE(IF APPLICABLE), LOAN ASSUMPTION FEE (IF
ANY)AND,EXCEPT WITH VA FINANCING,ANY LOAN DISCOUNT POINTS AND OTHER CHARGES MADE BY LENDER
WHICH ARE NOT THE OBLIGATION OF SELLER.
5. BALLOON PAYMENTS. PURCHASER acknowledges that the loans, if any, described herein or by addenda hereto may require substantial lump sum
(balloon)payments on the due dates thereof and PURCHASER further acknowledges that neither the SELLER nor the AGENT has made any representations
rec ,:ding the future availability of mortgage money, or interest rates thereon, for the refinancing of any such lump sum payments when due.
. TTIt Es. Where trustees
ard tLongmand tester:
DecoratorstAgreement,e reoccupancy lender(s).
and
7. OTHER TERMS.
a&t addendum are to be executed and to be made part or this contract.
- This contract has been prepared by Agent, however, Seller has been advised to have his
Attorney review said contract and holds Agent without liability for drafting this
___cntract. _
SETTL ENrDAT TIM 13 OF 'ES ENCE. tie E'Lt"E'R an URCHASE agree td, ak@ full settlement in acco rice will)the term h eof
ove e
on. or with mutual consent, before the ay of , tea . If a longer time is re iret�,to,,, ur rep ((� t title altd a�� a,or,to
finance or process the loan,if applied for in accordance with this contract,then the date of sttlement shall b® $*icie*icier tithe 'offal thesei, o
S. SETTLEM ENT. PURCHASER makes o that he desires to employ ` as Settlement Agency.
ttt. AGENTS FEE.- ENT ggmpe , the sales price of the property as agreed upon be w Ep.LER'a d#i+ctir broker and
� _ i ^, y rJ iu L o:> car
to instruct the parties con ng'stf men fo educt"tie same fro "the proceeds of the sale and disburse to
and remaining amount of compensation to as listing broker.
APPRAISALN.A./F.H.A./H.U.D.If V.A.or F.H.A.financing applies,any other provisions of this contract notwithstanding,PURCHASER shall not incur any
penalty by forfeiture of deposit or any other penalty,or be further obligated under this contract unless there has been delivered to the PURCHASER a certificate
issued by V.A.or F.H,A.(whichever financing is applicable),setting forth the appraised value of said properly(exclusive of closing costs if F.H.A.)of not less than
$ . It is PURCHASER's option to proceed with this contract without regard to said appraised value, and/or SELLER's option to
ADDENDUM ATTACHED: X Yes, ._ No
d LF03t
111111111111
alter this contract to comply with said appraised value providing one or the other option is exercised in writing within 72 hours of receipt of said certificate
of value. No appeal of.said appraised ve• may be made without written mutual consent of PL'"'HASER and SELLER. IF H.U.D.IF.H.A. FINANCING
APPLIES,THE APPRAISED VALUATION_, RRIVED AT TO DETERMINE THE MAXIMUM MORT1/4 .E WHICH H.U.D./F.H.A.WILL INSURE.H.U.D./F.H.A.
DOES NOT WARRANT THE VALUE Off E CONDITION OF SAID PROPERTY. THE PURCHKSER SHOULD SATISFY HIMSELF/HERSELF THAT
THE PRICE AND CONDITION OF gAID PROPERTY ARE ACCEPTABLE.
12. CONDOMINIUM RESALE.If this is a condominium resale,this Agreement is subject to the Virginia Condominium Act(Section 55-79.39 et seq.
Code of Virginia)which requires SELLER to furnish certain financial and other disclosures to PURCHASER prior to entering into a binding contract
of sale. If the required disclosures are not yet available, SELLER agrees to promptly request same from the Unit Owners Association and deliver them
to PURCHASER who agrees to acknowledge receipt upon delivery. If SELLER fails to furnish PURCHASER with disclosures within fifteen (15)days
of the date hereof or the disclosures are found to be unacceptable by the PURCHASER upon receipt, PURCHASER may render this contract null and
void by notice thereof hand-delivered or sent by U.S. mail, return receipt requested to AGENT provided PURCHASER does so within seventy-two(72)
hours of said receipt or date due if not received. In such event PURCHASER's deposit shall be returned without penalty. Notwithstanding provisions
of the Virginia Condominium Act,it is agreed that the date of this contract shall be the date of ratification by parties hereto. If more than 60 days elapse
between date said disclosures are delivered to PURCHASER and date of settlement PURCHASER may have disclosures updated at PURCHASER's expense.
13. POSSESSION DATE.Unless otherwise agreed to in writing between the principals hereto,the SELLER agrees to give possession of said premises
at the time of settlement.If the SELLER fails to do so and occupies said property beyond the time of settlement,SELLER shall become and be thereafter
a tenant by sufferance of PURCHASER and hereby expressly waives all notice to quit as provided by law. PURCHASER shall have the right to proceed
forthwith by any means availble to recover possession of said premises.
14. LOAN APPLICATION. PURCHASER AGREES TO MAKE WRITTEN LOAN APPLICATION WITHIN FIVE (5) BUSINESS DAYS FOLLOWING
RATIFICATION OF CONTRACT,OR 60 DAYS PRIOR TO SETTLEMENT DATE SPECIFIED IN THIS CONTRACT,WHICHEVER OCCURS LAST.IF PUR-
CHASER'S LOAN APPLICATION IS NOT APPROVED, PURCHASER FURTHER AGREES TO MAKE APPLICATION TO AT LEAST ONE ADDITIONAL
QUALIFIED LENDER IN ORDER TO OBTAIN THE AFORESAID FINANCING.FAILURE OF PURCHASER TO DILIGENTLY PURSUE LOAN PROCURE-
MENT SHALL BE CONSIDERED A DEFAULT AND SELLER MAY AVAIL HIMSELF OF ALL LEGAL AND EQUITABLE REMEDIES. IF NEW FINANCING
IS TO BE ARRANGED,OR IF ASSUMPTION OF EXISTING FINANCING REQUIRES LENDER APPROVAL,THEN THIS CONTRACT IS CONTINGENT
UPON SUCH NEW FINANCING OR APPROVAL UPON THE TERMS HEREIN DESCRIBED.ANY ASSUMPTION FEES OR COSTS SHALL BE AT PUR-
CHASER'S SOLE EXPENSE. IF SAID FINANCING OR APPROVAL CANNOT BE OBTAINED,THIS AGREEMENT SHALL BECOME NULL AND VOID,
THE DEPOSIT REFUNDED IN FULL TO THE PURCHASER,AND ALL PARTIES RELEASED FROM ANY FURTHER LIABILITY HEREUNDER, UPON
EXECUTION OF APPROPRIATE RELEASE DOCUMENTS.
15. EQUIPMENT CONDITION AND INSPECTION. PURCHASER accepts property in its present physical condition except as otherwise provided
herein.Appliances,heating and cooling equipment,and plumbing and electric systems will be in working order at time of settlement or PURCHASER'S
occupancy,whichever occurs first. SELLER agrees to deliver the property free of trash and in broom-clean condition and grants to PURCHASER or
his representative the right to make a preoccupancy or presettlement inspection.
16. WELL&SEPTIC. If property is on well and/or septic systems, SELLER agrees to furnish PURCHASER with a certificate from the appropriate
governmental authority,or mutually acceptable private company, indicating that the well water is potable and the septic system is functioning satisfac-
torily and meets design criteria and capacity requirements of the appropriate authority. If either system is found defective,SELLER is to take immediate
steps to repair all defects at his expense. If said repairs are not made, this contract may be voided at the option of the PURCHASER.
-177 INSPECTION. At settlement, SELLER is to furnish a report from a properly licensed pest control firm showing subject house and
' tier dwelling,and or garage(s)within the property line(excluding fences or shrubs not abutting dwelling(s)or garage)to be free of visible termite
and other wood-destroying insects,and/or visible damage therefrom.AGENT is authorized at SELLER's expense to order necessary inspection(s).Required
extermination and repairs from current and/or prior infestation shall be at SELLER's expense.
18. REPAIRS. If, as a condition of providing the financing called for in this contract, the Lender requires repairs to be made to the property, the
SELLER will notify AGENT in writing whether or not he will make the repairs. Should SELLER elect not to make repairs, the PURCHASER will notify
AGENT in writing whether or not he will proceed to settlement pursuant to this contract without the SELLER completing the repairs.All elections must
be made within five(5)days of receipt of notice from AGENT. If neither SELLER nor PURCHASER agrees to make the repairs, then this contract will
become null and void.This clause will not release the SELLER from any responsibilities specifically written into the"Other Terms"paragraph nor para-
graphs #16 or#17 hereof or any items specifically agreed to in any addendum to this contract.
19. DAMAGE OR LOSS. The risk of loss or damages to said property by fire, act of GOD, or other casulaty remains with the SELLER until the
execution and delivery of the Deed of Conveyance, and recordation thereof.
20. INSURANCE COVERAGES. Effective at time of settlement, PURCHASER shall have in force, and keep in effect, hazard insurance equal to
at least the aggregate of the principal balance(s)of all deed of trust notes on the subject property, naming the lender(s)thereof as additional insureds.
21, PRORATIONS. Rents, taxes,water and sewer charges, fuel oil, insurance(if any), homeowner association dues and/or condominium tees(if
any)and any other operating charges,are to be adjusted to date of settlement.Taxes,general and special,are to be adjusted according to the certificate
of „xes issued by the collector of taxes, if any, except that recorded assessments for improvements completed prior to the date of ratification hereof,
whether assessment therefor has been levied or not, shall be paid by the SELLER or allowance made therefor at time of settlement. If Deed of Trust(s)
is ssumed, interest shall be adjusted to the date of settlement and PURCHASER shall reimburse SELLER for existing escrow accounts, if any.
22. TITLE.The property, including the aforesaid chattels and/or equipment, shall be sold free of encumbrances except as aforesaid.All notices
of violations of orders or requirement of any county or local authority, or actions in any court on account thereof, against or affecting the property at
the date of settlement of this contract shall be complied with by the SELLER and the property conveyed free thereof.Title is to be good and marketable
subject to easements,covenants,conditions and restrictions of record,if any;otherwise the deposit is to be returned and contract voided at the option
of the PURCHASER, unless the defects are of such character that they may be remedied by legal action within a reasonable time, but the SELLER
and AGENT are hereby expressly released from all liability for damages by reason of any defect in the title. In case legal steps are necessary to perfect
the title,such action must be taken promptly by the SELLER at his own expense,whereupon the time herein specified for full settlement by the PUR-
CHASER will be extended as specified in paragraph 8 hereof.If SELLER refuses to settle according to the terms herein,for any reason,the costs incurred
for the title examination, appraisal, survey and the real estate commission as set forth shall become due and payable immediately by SELLER.
23. FEES. Fees for the preparation of the Deed of Conveyance, Grantor's tax, appropriate legal fees and any other proper charges assessed to
him shall be borne by SELLER. Fees for examination of the Title(except as heretofore provided), recording charges(including those for any purchase
money trusts),appropriate legal fees,any assumption fees and costs attendant to the assumption of the existing financing,and any other proper charges
assessed to him shall be borne by PURCHASER.
"at. DEPOSIT.The entire deposit shall be held by AGENT in a special escrow account until settlement,to conform with the regulations of the Virginia
:;eat`:state Commission and/or as required by the Veterans Administration Section 1806,Title 38,U.S.Code.PURCHASER acknowledges that the earnest
money deposit is placed in AGENT's escrow account, part of which is placed in an interest bearing account from time to time, and waives claims to
arty interest resulting from such deposit. If the PURCHASER shall fail to make full settlement, the deposit herein provided for may be forfeited at the
option of the SELLER and/or AGENT, or the SELLER may avail himself of other legal and equitable remedies. In the event of forfeiture the deposit
will be divided equally between SELLER and AGENT(AGENT's share of any forfeitures shall not exceed the amount of compensation due under the
terms of the contract).Settlement is to be made by the office of the Settlement Agency or the Title Company searching the title. Deposit with the settle-
ment agency of the cash payment as aforesaid,the executed Deed of Conveyancy and such other papers as are required of either party by the terms
of this contract shall be considered good and sufficient tender of performance of the terms thereof.
25. AGENT DISCLOSURE.AGENT hereby discloses that AGENT may from time to time engage in the General Insurance business,Title Insurance
business,Mortgage Loan business,Real Estate Settlement business and other real estate related business'and services.Therefore,in addition to AGENT's
compensation specified herein AGENT may receive fees related to other services provided in the course of this transaction.
26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS.Typewritten or handwritten provisions included in this contract shall control all printed pro-
visions in conflict therewith.
27. ASSIGNABILITY. This contract may not be assigned without the written consent of the PURCHASER and SELLER.
28. CONVEYANCE.Seller agrees to furnish and convey the above property by General Warranty Deed with usual English covenants of title, the
same to be prep,...>d at the expense of the SELLER.
29. AGENC'. UNLESS OTHERWISE DISCLOSED IN WRITING, PARTIES ACKNOWLEDGE THAT THE AGENT IS PAID BY THE SELLER AND
THAT THE SELLER, NOT THE PURCHASER, IS REGARDED AS THE AGENT'S CLIENT. HOWEVER, AGENTS WHO ARE REALTORS ARE OBLI-
GATED TO TREAT FAIRLY ALL PARTIES TO THE TRANSACTION.
30. COVENANT. The parties to this Agreement agree mutually that it shall be binding upon them, and each of their respective heirs, executors,
administrators,successors and assigns;that the provisions hereof shall survive the execution and delivery of the Deed aforesaid and shall not be merged
therein; that this Agreement, unless amended in writing, contains the final and entire agreement between the parties hereto and that they shall not
he bound by any terms, conditions, oral statements, warranties or representations not herein contained. The words "SELLER" and "PURCHASER"
as used in this Agreement shall include the plural as well as the singular and the masculine as well as the feminine.
SS OUR Sl WITNESS dSEALS
A �9T. RES AND SEA`
IrSe� fr j SEAL — SEAL
DATE / ELLEFt I DATE PURCHASER
i. Jti4l�-- "c.eri. P SEAL ( )
-._SEAL
.ATE SELLER A DATE PURCHASER
DATE AGENT
I
IP (THIS IS A SUGGESTED CONTRACT FORM OF THE NORTHERN VIRGINIA BOARD OF REALTORS° INC.THIS FORM HAS
hBEEN CREATED AND PRINTED EXCLUSIVELY FOR THE USE OF REALTOR'AND NON-RESIDENT MEMBERS OF THE
NORTHERN VIRGINIA BOARD OF REALTORS',INC.THE REPRODUCTION AND SALE OF THIS FORM TO NON-MEMBERS
OF NVBR IS PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF THE NORTHERN VIRGINIA BOARD OF REALTUR' REALTORSa,INC.) EQUAL HOUSING
OPPORTUNITY
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SCALE iN FEET WHITE HALL DISTRICT SECTION 8